1996 4 Scc622 - Law Dictionary Search Results
Home Dictionary Name: 1996 4 scc622Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
If any
If any, The phrase 'if any', signifies that if no duty is payable, nothing will be deducted from the wholesale price. It is only when excise duty is actually payable that the duty element can be excluded from the wholesale price, Asst. Collector of Central Excise v. Bata India, AIR 1996 SC 3380 (3383): (1996) 4 SCC 568. [Central Excise and Salt Act, 1994, s. 4(1) d 4(4) (d) (ii)]If any, amplify that if there is no balance period left such deduction the convict will be entitled to be set free from jail, unless he is required in any other case, State of Maharashtra v. Najakat Alia Mubarak Ali, (2001) 6 SCC 311....
Moral turpitude
Moral turpitude, 'Moral turpitude' is an expression which is used in legal as also societal parlance to describe conduct which is inherently base, vile, depraved or having any connection showing depravity, Pawan Kumar v. State of Haryana, AIR 1996 SC 3300: (1996) 4 SCC 17 (21). See also AIR 1959 All 71.One of the most serious offences involving 'moral turpitude' would be where a person employed in a banking company dealing with money of the general public, commits forgery and wrongfully withdraws money which he is not entitled to withdraw, Allahabad Bank v. Deepak Kumar Bhola, (1997) 4 SCC 1 (4).Moral turpitude, whether an offence involves moral delinquency is question of fact depending on the public morals of the time; common sense of community and context and purpose for which the character of offence is to be determined. In common parlance 'moral turpitude' means baseness of character. Concise Oxford Dictionary defines 'moral' - 'Concerned with goodness or badness of character or di...
Inexpedient
Inexpedient, as it means not expedient disadvantageous in the circumstances, inadvisable, impolitic (Webster's Third New International Dictionary) see also Union of India v. Major General Madan Lal Yadav (Retd.), (1996) 4 SCC 127: 1996 SCC (Cri) 592.Inexpedient, the dictionary meaning of the word 'inexpedient' is not expedient; disadvantageous in the circumstances; unadvisable, impolitic, Murlidhar Aggarwal v. State of U.P., AIR 1974 SC 1924: (1974) 2 SCC 472: (1975) 1 SCR 575 [U.P. (Temporary Control of Rent and Eviction Act, 1947, s. A]'Inexpedient' as it means not expedient; disadvantageous in the circumstances, inadvisable impolitic, Major Radha Kishan v. Union of India, AIR 1996 SC 3091 (3093): (1996) 3 SCC 501....
Seek retirement
Seek retirement, indicate that the right which is conferred by it is not the right to ask for retirement, State of Haryana v. S.K. Singhal, (1999) 4 SCC 293.The words 'seek retirement' in para 5 of bye law 3.8 of the Himachal Pradesh Horicultural Produce Marketing and Processing Corporation Limited Employees Service Bye Laws indicate that the right which is conferred by it is not the right to retire but a right to ask for retirement. The word 'seek' implies a request by the employee and correspond-ing acceptance or permission by HPMC, H.P. Horticultural Produce Marketing & Processing Corpn. Ltd. v. Suman Behari Sharma, AIR 1996 SC 1353 (1355): (1996) 4 SCC 584....
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Earnest money
Earnest money, The earnest money is a part of the purchase price when the transaction gets through and the same is forfeited when the transaction falls through by reason of the default or failure on the part of the vendee, H.U.D.A. v. Kewal Krishan Goel, (1996) 4 SCC 249: AIR 1996 SC 1981.The earnest money is part of the purchase price when the transaction goes forward and it is forfeited when the transaction falls through, by reason of the fault or failure of the purchase. Earnest money or deposit serves two purposes of being part-payment of the purchase money and security for the performances of the contract by the party concerned, who paid it. (AIR 1926 PC 1), Videocon Properties Ltd. v. Bhalchandra Laboratories, (2004) 3 SCC 711: AIR 2004 SC 1787 (1793). [Transfer of Property Act, 1882, s. 55(6)(b)]A deposit paid (usu in escrow) by a prospective buyer (esp. of real estate) to show a good faith intention to complete the transactions and ordinarily forfeited if the buyer default, Bla...
Negligence per se
Negligence per se, conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes, Black's Law Dictionary; See also State of Haryana v. Santra, (2000) 5 SCC 182.Negligence per se is defined as 'Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to be particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be ...
Presume
Presume, in Black's Law Dictionary, it has been defined to mean 'to believe or accept upon probable evidence'. In Shorter Oxford English Dictionary it has been mentioned that in law 'presume' means 'to take as proved until evidence to the contrary is forthcoming', Stroud's Legal Dictionary has quoted in this context a certain judgment according to which 'A presumption is a probable consequence drawn from facts (either certain, or proved by direct testimony) as to the truth of a fact alleged, State of Maharashtra v. Som Nath Thapa, AIR 1996 SC 1744 (1750): (1996) 4 SCC 659....
Quack
Quack, a person who does not have knowledge of a particular system of medicine but practises in that system is a quack and a mere pretender to medical knowledge or skill, or to put it differently, a charlatan, Poonam Verma v. Ashwin Patel, AIR 1996 SC 2111: (1996) 4 SCC 332 (348)....
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